[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5085 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5085

    To amend the Communications Act of 1934 to promote and expedite 
 wireless broadband deployment in rural and other areas, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2006

Mr. Inslee (for himself, Mrs. Blackburn, Ms. Baldwin, Mr. Gillmor, and 
 Mr. Boucher) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Communications Act of 1934 to promote and expedite 
 wireless broadband deployment in rural and other areas, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Broadband for Communities 
Act''.

SEC. 2. UNUSED TELEVISION SPECTRUM MADE AVAILABLE FOR WIRELESS USE.

    Part I of title III of the Communications Act of 1934 (47 U.S.C. 
301 et seq.) is amended by adding at the end the following:

``SEC. 342. UNUSED BROADCAST TELEVISION SPECTRUM MADE AVAILABLE FOR 
              WIRELESS USE.

    ``Any unused broadcast television spectrum in the band between 54 
and 698 megaHertz, inclusive, other than spectrum in the band between 
608 and 614 megaHertz, inclusive, may be used by unlicensed devices, 
including wireless broadband devices.''.

SEC. 3. FCC TO FACILITATE USE.

    Within 180 days after the date of enactment of this Act, the 
Federal Communications Commission shall--
            (1) adopt minimal technical and device rules in ET Docket 
        Nos. 02-380 and 04-186 to facilitate the robust and efficient 
        use of the spectrum made available under section 342 of the 
        Communications Act of 1934 (47 U.S.C. 342) by unlicensed 
        devices, including wireless broadband devices; and
            (2) establish rules and procedures to--
                    (A) protect incumbent licensed services, including 
                broadcast television and public safety equipment, 
                operating pursuant to their licenses from harmful 
                interference from such unlicensed devices;
                    (B) address complaints, no later than 30 days after 
                receipt, from licensed broadcast stations that an 
                unlicensed device using such spectrum causes harmful 
                interference that include verification, in the field, 
                of actual harmful interference;
                    (C) require manufacturers of unlicensed devices 
                designed to be operated in this spectrum to submit a 
                plan to the Commission to remedy actual harmful 
                interference to the extent that harmful interference is 
                found by the Commission which may include disabling or 
                modifying the unlicensed device remotely; and
                    (D) require certification of unlicensed devices 
                designed to be operated in that spectrum to ensure that 
                they meet the technical criteria established under 
                paragraph (1) and can perform the functions described 
                in subparagraph (C).
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